Legal Question in Personal Injury in California

Re: statute of limitations, California

Mr. Shers has given you a thorough, comprehensive answer, which to my knowledge is correct.

Follow his advice.!

Good luck!

Re: statute of limitations, California

The filing of the lawsuit determines the statute of limitation. There are circumstances that will toll the running of the statute. If the statute of limitations is a defense it should be raised as an affirmative defense in the pleading and must be proved by the party who claims its protection. Get a lawyer and defend. Us insurance if it was in effect otherwise do it privately.

Re: statute of limitations, California

And what is the question? Yes, it appears that the suit is barred by the Statute of Limitations. Moreover, when an insurance company settles a case it gets a release for all of its insureds that might have liability. If she did not often drive the vehicle then there probably was coverage. If the insurance company paid more that the $15,000 maximum liability for being the owner of the vehicle or did not go after the daughter for repayment of any part of its settlement, than it would appear it treater her as an insured.

So immediately contact the insurance company and see if they will take over the case. If you can not get a fast answer, ask the plaintiffs attorney why the case is not barred by time or the prior settlement and why you should not hire an attorney to mod to dismiss the suit and impose sanctions. The attorney may not know about the prior settlement. Do not let time pass by so a default judgment is taken.